DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendment filed 11/18/2025 has been entered. Claims 1-27 remain pending in the application. Applicant’s amendments to the claims have overcome the rejection under 112(a) previously presented.
Response to Arguments
Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive.
Applicant argues that:
Applicant respectfully requests that the Office hold this rejection in abeyance until independent claims 15 and 17 are allowed. Applicant may then decide whether to cancel independent claim 1.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections. Applicant’s response to this rejection should clearly point out the patentable novelty, or present amendments that overcome the rejection.
Applicant argues that:
Dependent claim 19, which ultimately depends from independent claim 17, has been amended to recite replacing the currently displayed medical value icon on the screen of the mobile device with a predefined icon stored in the memory of the mobile device. As discussed during the interview, the art as currently applied does not disclose providing an alternate display on the status bar of the mobile device in the event of an interruption in medical data.
Xdrip discloses displaying the medical value in a status bar (Xdrip, Pages 1, 7-10, 12, 18, 22, 24, 28, 30, 32). Koehler and Budiman disclose replacing the icon when the medical data is interrupted (Koehler, Fig. 15 with ¶0219, Budiman, Fig. 9 with ¶0137, ¶0140).
The remainder of Applicant’s arguments with respect to rejections under prior art have been fully considered and are moot upon a new ground(s) of rejection, as necessitated by amendment, as outlined below.
Specification
The use of the term “Android” at ¶0028, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Prior Art
Listed herein below are the prior art references relied upon in this Office Action:
Koehler et al. (US Patent Application Publication 2016/0113596), referred to as Koehler herein [previously cited].
Johnson et al. (US Patent Application Publication 2011/0201911), referred to as Johnson herein [previously cited].
Raisoni et al. (US Patent Application Publication 2016/0270740), referred to as Raisoni herein [previously cited].
Budiman et al. (US Patent Application Publication 2010/0234710), referred to as Budiman herein [previously cited].
Morris et al. (US Patent Application Publication 2017/0286614), referred to as Morris herein [previously cited].
Nightscout Foundation (https://github.com/NightscoutFoundation/xDrip/issues/222 and https://github.com/NightscoutFoundation/xDrip/issues/342), referred to as Xdrip herein [previously cited 3/20/2025].
Examiner’s Note
Strikethrough notation in the pending claims has been added by the Examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 5-9, 12, and 16 is/are rejected under 35 U.S.C. 102(a)((1) as being anticipated by Koehler.
Regarding claim 1, Koehler discloses a method of displaying a medical value on a screen of a mobile device having a medical application, the method comprising (Koehler, Fig. 3A with ¶0113, ¶0140, ¶0156-¶0168 – smart phone home screen includes a unitary icon (Element 320) including a numerical value incorporated into a graphical icon representing the current status of a patient’s glucose levels. ¶0003-¶0004, ¶0007, ¶0140 – medical application for diabetes):
receiving on the mobile device a first medical value that includes a numerical value; converting the first medical value to a first text if the first medical value is not directly received as text (Koehler, ¶0118-¶0121 – glucose sensor records sensor data which is transmitted for display, including display as a numerical value);
creating a first style information for drawing; creating a first drawing area; drawing the first text on the first drawing area using the first style information to create an image of the first medical value; creating a first medical value icon from the image of the first medical value (Koehler, Fig. 3A with ¶0113, ¶0140, ¶0154-¶0168 – drawing a graphical image of a unitary icon (Element 320) including a numerical value incorporated into a graphical icon representing the current status of a patient’s glucose levels);
and displaying the first medical value icon, including the numerical value, on the screen of the mobile device, wherein the screen is a home screen, a lock screen or another screen outside of the medical application (Koehler, Fig. 3A with ¶0113, ¶0140, ¶0156-¶0169 – smart phone home screen includes a unitary icon (Element 320) including a numerical value incorporated into a graphical icon representing the current status of a patient’s glucose levels. Fig. 16A-C with ¶0225-¶0227 – icon displayed inside and outside of the application screen).
Regarding claim 5, Koehler discloses the elements of claim 1 above, and further discloses creating a timestamp associated with the first medical value indicating the time of measurement of the first medical value (Koehler, Figs. 3A, 3H, 4A with ¶0149-¶0150, ¶0174 – glucose values are associated with times and tracked against their associated times).
Regarding claim 6, Koehler discloses the elements of claim 5 above, and further discloses receiving on the medical device a second medical value and a time stamp associated with the second medical value indicating the time of measurement of the second medical value; determining whether the difference between the time of measurement of the second medical value and the current time does not exceed the predefined time threshold; and if the time threshold is not exceeded: (i) converting the second medical value to a second text if the second medical value is not directly received as text, (ii) retrieving the first style information or creating second style information for drawing, (iii) creating a second drawing area, (iv) drawing the second text on the second drawing area using the first style information or the second style information to create an image of the second medical value, (v) creating a second medical value icon from the image of the second medical value, and (vi) replacing the display of the currently displayed medical value icon on the screen of the mobile device by displaying the second medical value icon on the screen of the mobile device instead or replacing the display of the currently displayed predefined icon on the screen of the mobile device by displaying the second medical value icon on the screen of the mobile device instead (Koehler, Fig. 15 with ¶0219 – if the time period between the current measurement and the previous measurement is too long, a “no data” alert icon is shown. Fig. 3A with ¶0113, ¶0140, ¶0156-¶0168 – drawing a graphical image of a unitary icon (Element 320) including a numerical value incorporated into a graphical icon representing the current status of a patient’s glucose levels. ¶0153-¶0156 – data shown, including in the unitary icon, is updated with new data measurements. The unitary icon changes its orientation, covering a different region of the display, according to updated data).
Regarding claim 7, Koehler discloses the elements of claim 6 above, and further discloses creating a timestamp associated with the second medical value indicating the time of measurement of the second medical value (Koehler, Figs. 3A, 3H, 4A with ¶0149-¶0150, ¶0174 – glucose values are associated with times and tracked against their associated times).
Regarding claim 8, Koehler discloses the elements of claim 1 above, and further discloses wherein the medical value(s) is/are a glucose value(s) (Koehler, Abstract with ¶0006-¶0010 – glucose).
Regarding claim 9, Koehler discloses the elements of claim 1 above, and further discloses wherein the mobile device is a smart phone (Koehler, ¶0120 – smartphone).
Regarding claim 12, Koehler discloses the elements of claim 1 above, and further discloses wherein the medical value(s) are received wirelessly from a medical sensor, a separate electronic device or from a cloud (Koehler, ¶0119 – wireless connection with sensor module).
Regarding claim 16, Koehler discloses the elements of claim 1 above, and further discloses a non-transitory computer readable medium having stored thereon computer- executable instructions for performing the method according to claim 1 (Koehler, ¶0251-¶0252 – processor executing instructions stored in hardware memory).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koehler in view of Budiman.
Regarding claim 2, Koehler discloses the elements of claim 1 above, and further discloses wherein the step of displaying of the first medical value icon and one or more of the steps of converting the first medical value to a first text, creating the first style information, creating the first drawing area, drawing the first text on the first drawing area, and creating the first medical value icon are measurements. Fig. 15 with ¶0219 – if the time period between the current measurement and the previous measurement is too long, a “no data” alert icon is shown).
However, Koehler appears not to expressly disclose the limitations in strikethrough above. In particular, Koehler appears not to expressly disclose that the medical value icon is ceased in a “no data” situation. However, in the same field of endeavor, Budiman discloses a glucose level monitoring system (Budiman, Abstract, ¶0023), including
creating the first medical value icon are only conducted if the difference between the time of measurement of the first medical value and the current time does not exceed a predefined time threshold (Budiman, Fig. 9 with ¶0137, ¶0140 – the glucose measurement information display is blanked if the measurement grace period time has expired).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the glucose values of Koehler to include stopping the display of values based on the teachings of Budiman. The motivation for doing so would have been provide as much useful and accurate monitored information to the user as possible (Budiman, ¶0090, ¶0140).
Regarding claim 3, Koehler as modified discloses the elements of claim 2 above, and further discloses determining or re-determining whether the difference between the measurement time of the first medical value, or if a second medical value was received, the measurement time of the second medical value and the current time exceeds the predefined time threshold; and if the difference between the time of measurement of the first medical value, or if a second medical value was received, the time of measurement of the second medical value and the current time exceeds the predefined time threshold, replacing the display of the currently displayed medical value icon on the screen of the mobile device by displaying a predefined icon stored in the memory of the mobile device (Koehler, Fig. 3A with ¶0113, ¶0140, ¶0156-¶0168 – unitary icon (Element 320) including a numerical value incorporated into a graphical icon representing the current status of a patient’s glucose levels. Fig. 15 with ¶0219 – if the time period between the current measurement and the previous measurement is too long, a “no data” alert icon is shown. Budiman, Fig. 9 with ¶0137, ¶0140 – the glucose measurement information display is blanked if the measurement grace period time has expired).
Regarding claim 4, Koehler as modified discloses the elements of claim 2 above, and further discloses wherein the predefined time threshold is between 1 min and 30 minutes (Koehler, Fig. 15 with ¶0219-¶0220 – no data condition can be set to values between 1 min and 30 minutes).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koehler in view of Morris.
Regarding claim 10, Koehler discloses the elements of claim 1 above, and further discloses wherein the medical application is configured to send a notification comprising the respective created medical value icon for displaying on the screen of the mobile device outside of the medical application
However, in the same field of endeavor, Morris discloses a glucose monitoring system (Morris, ¶0002), including
send a notification comprising by an operating system (Morris, Fig. 10A-B with ¶0172 – operating system provides notifications to the user).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have notification display of Koehler to include the ability to present notifications by the operating system based on the teachings of Moirris. The motivation for doing so would have been more effectively integrate the glucose monitoring system into an existing mobile device (Morris, ¶0005), and to leverage existing system notification resources to display alerts to the user through intuitive and familiar notification mechanisms within the interface.
Regarding claim 11, Koehler as modified discloses the elements of claim 10 above, and further discloses wherein the mobile device comprises a touch-sensitive display and the notification is not dismissible by a user swiping the notification off the display (Koehler, ¶0191-¶0193 – detection of touch input and hand gestures on the display. Fig. 16A-C with ¶0225-¶0227 – interacting with the notification presents an additional interface for acknowledging and dismissing the notification via selection of a button (Element 1541)).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koehler in view of Johnson.
Regarding claim 13, Koehler discloses the elements of claim 1 above, and further discloses wherein
However, Koehler appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Johnson discloses a glucose level monitoring mobile device (Johnson, Abstract with ¶0036), including
wherein the first medical value icon is displayed on the lock screen of the mobile device (Johnson, Fig. 11B with ¶0105 – glucose data icons, indicators, and charts may be shown at the lock screen prior to unlocking).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the lock screen display of Koehler to include the ability to present the medical value icon and charts based on the teachings of Johnson. The motivation for doing so would have been to offer easier and quicker access glucose measurement data by enabling the user to see the information simply upon waking the device, saving the user the need to enter a passcode or launch an application (Johnson, ¶0105).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koehler in view of Raisoni.
Regarding claim 14, Koehler discloses the elements of claim 1 above. However, Koehler appears not to expressly disclose wherein a status bar is displayed on the display of the mobile device and the first medical value icon is displayed in the status bar.
However, in the same field of endeavor, Raisoni discloses displaying health information including glucose level in a mobile device (Raisoni, Abstract with ¶0240), including
wherein a status bar is displayed on the display of the mobile device and the first medical value icon is displayed in the status bar (Raisoni, Fig. 13, 14F with ¶0319-¶0320, ¶0346-¶0347 with Table 1 – status notification bar includes real-time glucose level and trend indicators and icons).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the display of Koehler to include a status indicator showing the medical value icon based on the teachings of Raisoni. The motivation for doing so would have been to help record and organize alerts within a notification system, enabling users to view missed alerts (Raisoni, Fig. 16 with ¶0356), to more quickly access measurement data and trends, and to leverage existing system notification resources to display alerts to the user through intuitive and familiar notification mechanisms within the interface.
Claim(s) 15, 17, 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koehler in view of Xdrip.
Regarding claim 15, Koehler discloses the a mobile device having at least one display and a processor, wherein the processor is configured to: (Koehler, Fig. 3A with ¶0113, ¶0140, ¶0156-¶0168 – smart phone home screen includes a unitary icon (Element 320) including a numerical value incorporated into a graphical icon representing the current status of a patient’s glucose levels. ¶0003-¶0004, ¶0007, ¶0140 – medical application for diabetes. ¶0251-¶0252 – processor executing instructions stored in hardware memory)
receive a first medical value; convert the first medical value to a first text if the first medical value is not directly received as text (Koehler, ¶0118-¶0121 – glucose sensor records sensor data which is transmitted for display, including display as a numerical value);
create a first style information for drawing; create a first drawing area; draw the first text on the first drawing area using the first style information to create an image of the first medical value; create a first medical value icon from the image of the first medical value (Koehler, Fig. 3A with ¶0113, ¶0140, ¶0154-¶0168 – drawing a graphical image of a unitary icon (Element 320) including a numerical value incorporated into a graphical icon representing the current status of a patient’s glucose levels);
and display the first medical value icon on a
However, Koehler appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Xdrip discloses a glucose reading notification icon (Xdrip, Pages 1, 18, 22, 24, 28, 30, 32), including,
wherein the status bar further comprises a battery icon, a signal strength icon and/or a wireless network icon (Xdrip, Pages 1, 7-10, 12, 18, 22, 24, 28, 30, 32 – Status Bar (along the top of the mobile device homescreen) indicates current glucose level as well as battery level and wireless network signal strength).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the glucose values of Koehler to include display on the home screen status bar including additional icons based on the teachings of Xdrip. The motivation for doing so would have been provide an easy-to-read icon that offers dynamic useful information without requiring the user to navigate to the application to see the value (Xdrip, Page 4).
Regarding claim 17, Koehler discloses a method of displaying a medical value on a screen of a mobile device having a medical application, the method comprising (Koehler, Fig. 3A with ¶0113, ¶0140, ¶0156-¶0168 – smart phone home screen includes a unitary icon (Element 320) including a numerical value incorporated into a graphical icon representing the current status of a patient’s glucose levels. ¶0003-¶0004, ¶0007, ¶0140 – medical application for diabetes):
receiving on the mobile device a first medical value; converting the first medical value to a first text if the first medical value is not directly received as text (Koehler, ¶0118-¶0121 – glucose sensor records sensor data which is transmitted for display including as a numerical value);
creating a first style information for drawing; creating a first drawing area; drawing the first text on the first drawing area using the first style information to create an image of the first medical value (Koehler, Fig. 3A with ¶0113, ¶0140, ¶0156-¶0168 – drawing a graphical image of a unitary icon (Element 320) including a numerical value incorporated into a graphical icon representing the current status of a patient’s glucose levels);
creating a first medical value icon from the image of the first medical value; and displaying the first medical value icon on a
However, Koehler appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Xdrip discloses a glucose reading notification icon (Xdrip, Pages 1, 18, 22, 24, 28, 30, 32), including,
wherein the status bar further comprises a battery icon, a signal strength icon and/or a wireless network icon (Xdrip, Pages 1, 7-10, 12, 18, 22, 24, 28, 30, 32 – Status Bar (along the top of the mobile device homescreen) indicates current glucose level as well as battery level and wireless network signal strength).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the glucose values of Koehler to include display on the home screen status bar including additional icons based on the teachings of Xdrip. The motivation for doing so would have been provide an easy-to-read icon that offers dynamic useful information without requiring the user to navigate to the application to see the value (Xdrip, Page 4).
Regarding claim 21, Koehler as modified discloses the elements of claim 17 above, and further discloses creating a timestamp associated with the first medical value indicating the time of measurement of the first medical value (Koehler, Figs. 3A, 3H, 4A with ¶0149-¶0150, ¶0174 – glucose values are associated with times and tracked against their associated times).
Regarding claim 22, Koehler as modified discloses the elements of claim 21 above, and further discloses receiving on the medical device a second medical value and a time stamp associated with the second medical value indicating the time of measurement of the second medical value; determining whether the difference between the time of measurement of the second medical value and the current time does not exceed the predefined time threshold; and if the time threshold is not exceeded: (i) converting the second medical value to a second text if the second medical value is not directly received as text, (ii) retrieving the first style information or creating second style information for drawing, (iii) creating a second drawing area, (iv) drawing the second text on the second drawing area using the first style information or the second style information to create an image of the second medical value, (v) creating a second medical value icon from the image of the second medical value, and (vi) replacing the display of the currently displayed medical value icon on the screen of the mobile device by displaying the second medical value icon on the screen of the mobile device instead or replacing the display of the currently displayed predefined icon on the screen of the mobile device by displaying the second medical value icon on the screen of the mobile device instead (Koehler, Fig. 15 with ¶0219 – if the time period between the current measurement and the previous measurement is too long, a “no data” alert icon is shown. Fig. 3A with ¶0113, ¶0140, ¶0156-¶0168 – drawing a graphical image of a unitary icon (Element 320) including a numerical value incorporated into a graphical icon representing the current status of a patient’s glucose levels. ¶0153-¶0156 – data shown, including in the unitary icon, is updated with new data measurements. The unitary icon changes its orientation, covering a different region of the display, according to updated data).
Regarding claim 23, Koehler as modified discloses the elements of claim 22 above, and further discloses creating a timestamp associated with the second medical value indicating the time of measurement of the second medical value (Koehler, Figs. 3A, 3H, 4A with ¶0149-¶0150, ¶0174 – glucose values are associated with times and tracked against their associated times).
Regarding claim 24, Koehler as modified discloses the elements of claim 17 above, and further discloses wherein the medical value(s) is/are a glucose value(s) (Koehler, Abstract with ¶0006-¶0010 – glucose).
Regarding claim 25, Koehler as modified discloses the elements of claim 17 above, and further discloses wherein the mobile device is a smart phone (Koehler, ¶0120 – smartphone).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koehler in view of Xdrip in further view of Budiman.
Regarding claim 18, Koehler as modified discloses the elements of claim 17 above, and further discloses wherein the step of displaying of the first medical value icon and one or more of the steps of converting the first medical value to a first text, creating the first style information, creating the first drawing area, drawing the first text on the first drawing area, and creating the first medical value icon are
However, Koehler appears not to expressly disclose the limitations in strikethrough above. In particular, Koehler appears not to expressly disclose that the medical value icon is ceased in a “no data” situation. However, in the same field of endeavor, Budiman discloses a glucose level monitoring system (Budiman, Abstract, ¶0023), including
creating the first medical value icon are only conducted if the difference between the time of measurement of the first medical value and the current time does not exceed a predefined time threshold (Budiman, Fig. 9 with ¶0137, ¶0140 – the glucose measurement information display is blanked if the measurement grace period time has expired).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the glucose values of Koehler to include stopping the display of values based on the teachings of Budiman. The motivation for doing so would have been provide as much useful and accurate monitored information to the user as possible (Budiman, ¶0090, ¶0140).
Regarding claim 19, Koehler as modified discloses the elements of claim 18 above, and further discloses when the difference between the time of measurement of the first medical value, or if a second medical value was received, the time of measurement of the second medical value and the current time exceeds the predefined time threshold, replacing currently displayed medical value icon on the screen of the mobile device with a predefined icon stored in the memory of the mobile device (Koehler, Fig. 3A with ¶0113, ¶0140, ¶0156-¶0168 – unitary icon (Element 320) including a numerical value incorporated into a graphical icon representing the current status of a patient’s glucose levels. Fig. 15 with ¶0219 – if the time period between the current measurement and the previous measurement is too long, a “no data” alert icon is shown. Budiman, Fig. 9 with ¶0137, ¶0140 – the glucose measurement information display is blanked if the measurement grace period time has expired).
Regarding claim 20, Koehler as modified discloses the elements of claim 18 above, and further discloses wherein the predefined time threshold is between 1 min and 30 minutes (Koehler, Fig. 15 with ¶0219-¶0220 – no data condition can be set to values between 1 min and 30 minutes).
Claim(s) 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koehler in view of Xdrip in further view of Morris.
Regarding claim 26, Koehler as modified discloses the elements of claim 17 above, and further discloses wherein the medical application is configured to send a notification comprising the respective created medical value icon for displaying on the screen of the mobile device outside of the medical application
However, in the same field of endeavor, Morris discloses a glucose monitoring system (Morris, ¶0002), including
send a notification comprising by an operating system (Morris, Fig. 10A with ¶0172 – operating system provides lock screen and other notifications to the user).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have notification display of Koehler to include the ability to present notifications by the operating system based on the teachings of Johnson. The motivation for doing so would have been more effectively integrate the glucose monitoring system into an existing mobile device (Morris, ¶0005), and to leverage existing system notification resources to display alerts to the user through intuitive and familiar notification mechanisms within the interface.
Regarding claim 27, Koehler as modified discloses the elements of claim 26 above, and further discloses wherein the mobile device comprises a touch-sensitive display and the notification is not dismissible by a user swiping the notification off the display (Koehler, ¶0191-¶0193 – detection of touch input and hand gestures on the display. Fig. 16A-C with ¶0225-¶0227 – interacting with the notification presents an additional interface for acknowledging and dismissing the notification via selection of a button (Element 1541)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL W PARCHER whose telephone number is (303)297-4281. The examiner can normally be reached Monday - Friday, 9:00am - 5:00pm, Mountain Time.
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/DANIEL W PARCHER/Primary Examiner, Art Unit 2174